UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION
March 31, 2011
TRAVON THOMPSON, PETITIONER,
SHERIFF HOOPS, RESPONDENT.
The opinion of the court was delivered by: Margaret M. Morrow United States District Judge
ORDER ACCEPTING AND ADOPTING FINDINGS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has reviewed all of the records and files herein, including the Report and Recommendations of the United States Magistrate Judge, and has conducted a de novo review of those portions of the Report and Recommendation to which objections were filed. The Court accepts and adopts the findings and recommendations in the Report and Recommendation. It concludes, however, that because it lacks jurisdiction under Lackawanna County District Attorney v. Coss, 532 U.S. 394 (2001), and Rose v. Lundy, 455 U.S. 509 (1982), the dismissal must be without prejudice rather than with prejudice as Judge Goldman recommended.
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